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(영문) 서울동부지방법원 2014.03.21 2013고합382
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Forgery of private documents;

A. On April 8, 2008, the Defendant forged a copy of the real estate sales contract in the name of the seller and of F and G, which is a private document on rights and obligations, with a seal affixed to F and G seal affixed on the seller’s name, in the column for the location of real estate subject to sale and purchase in the site for the site for the construction site, for the purpose of exercising at the Defendant’s office at the construction site in Yangyang-gun, Yangyang-gun, the sale and purchase price column in Gyeonggi-do; the seller’s name column entered “F, G” and “H” in the seller’s name column;

B. On April 12, 2008, for the purpose of exercising at the place under the preceding paragraph, the Defendant forged one copy of the real estate sales contract under the name of the said J, which is a private document concerning rights and obligations, by stating in the column for the location of real estate subject to the sale and purchase of the real estate, that “Seoul-do Yang-gun I”, “Seoul million won” in the sale and purchase price column, “J” in the seller’s name column, and “H” in the seller’s name column.

2. Uttering a falsified investigation document;

A. On April 8, 2008, the Defendant, at H’s L Real Estate Office located in Seocho-gu Seoul Metropolitan Government, held a forged real estate sales contract with H, such as paragraph 1(a), by presenting the forged private document as if it was duly formed.

B. On April 12, 2008, the Defendant, at the place under the preceding paragraph (b) at the same time, displayed a forged real estate sales contract to H, who is unaware of the fact, as if it were duly formed.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) received 30,000,000 won from the victim’s single bank account in the name of the Defendant’s wife on April 27, 2007, even though he did not intend to purchase the Gyeonggi-gun M land to the victim H, although he did not intend to purchase the Gyeonggi-gu M land.

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